Katherine Huntoon v. HHS - Influenza, post-viral syndrome and cerebellar ataxia (2023)

On October 5, 2021, Katherine Huntoon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on October 2, 2018, caused her to develop post-viral syndrome and cerebellar ataxia. Ms.

Huntoon, who was 67 years old at the time of vaccination, had a pre-existing history of multiple sclerosis, diabetes, hearing loss, muscle spasticity, episodes of dizziness, and mild ataxia. She reported feeling "somewhat dizzy but otherwise alright" on the drive home after her vaccination on October 2, 2018.

Two days later, on October 4, 2018, during a routine appointment with her neurologist, Dr. Bharathy Sundaram, she reported experiencing excessive fatigue for the past three weeks and "excessive dizziness" since the vaccination.

Dr. Sundaram noted an acute onset of vertigo, gait changes, headache, fever, and extreme fatigue, diagnosing her with acute cerebellar ataxia and directing her to the emergency room.

She was admitted to Texoma Medical Center, where she was diagnosed by Dr. Meena Betha with ataxia associated with dizziness, though the possibility of it being secondary to her multiple sclerosis was questioned.

A CT scan of her brain showed no acute abnormalities. On October 5, 2018, Dr.

Shyama Satyan, a neurologist at the hospital, noted that Ms. Huntoon's ataxia started on the evening of October 2, 2018, and was suspected to be secondary to the vaccine, while also considering an exacerbation of MS.

Ms. Huntoon was treated with Solu-Medrol.

MRIs of her spine and brain were performed, showing mild age-related atrophy and a chronic white-matter ischemic pattern, but no enhancement of MS-related lesions. Nurse practitioner Emmy Kirui-Modi assessed her with "Acute cerebellar ataxia-suspect secondary to recent flu vaccine" on October 11, 2018.

Ms. Huntoon was discharged to rehabilitation hospital and continued to have medical follow-ups for various conditions unrelated to her cerebellar ataxia until June 2021.

Respondent filed a motion to dismiss, arguing the case was untimely filed under the Vaccine Act's three-year statute of limitations. Respondent contended that Ms.

Huntoon's symptoms manifested between October 2 and October 4, 2018, meaning the petition should have been filed by October 4, 2021. The petition was formally received by the Clerk of Court on October 5, 2021.

Ms. Huntoon argued for equitable tolling, citing alleged malfunctions in the Public Access to Court Electronic Records (PACER) system and her own mental incapacity due to her numerous medical conditions.

Chief Special Master Brian H. Corcoran granted the motion to dismiss, finding the claim untimely.

He determined that Ms. Huntoon's symptoms, including dizziness, began on or around October 2, 2018, making the October 5, 2021 filing late.

He found that neither the alleged PACER system failure nor her medical conditions constituted extraordinary circumstances sufficient for equitable tolling. Ms.

Huntoon moved for review of this decision. On August 14, 2023, Judge Ryan T.

Holte issued an opinion and order denying the motion for review and sustaining the Chief Special Master's decision. The court found that the medical records reasonably supported the conclusion that dizziness was a symptom of cerebellar ataxia and that Ms.

Huntoon's report of dizziness on October 2, 2018, triggered the statute of limitations. The court affirmed that the petition was filed untimely and that equitable tolling was not warranted, upholding the dismissal of the case.

Petitioner counsel was Sean Franks Greenwood. Respondent counsel was Benjamin Patrick Warder.

The Special Master was Brian H. Corcoran.

The Judge was Ryan T. Holte.